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(영문) 수원지방법원 성남지원 2019.05.14 2018고정1265
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who operates a singing practice room with the trade name of "Cking practice room" located in Sungnam-gu B and Do floor in Sungnam-si.

1. Any karaoke machine business operator who sells alcoholic beverages shall not sell alcoholic beverages;

Nevertheless, around September 20, 2018, the Defendant sold a can can cans to D, which is an alcoholic beverage, to the customer of the instant singing practice room at KRW 5,00.30.

2. No karaoke machine business operator shall arrange a vaccination loan;

Nevertheless, the Defendant received KRW 35,00 per hour at the time and place specified in Paragraph 1, at the request of D, a customer, and arranged for an entertainment loan by having a female in contact with a name-free loan drink with D, dance, and singing together.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of brokerage of adjacent loans) of the Music Industry Promotion Act, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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